Trump trial: Cohen faces Trump team grilling over past lies, recollections

The defense questioned Trump's former lawyer on Day 18 of the hush money trial.

Former President Donald Trump is on trial in New York City, where he is facing felony charges related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been tried on criminal charges.

Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.


What to know about the hush money case

READ MORE: Here's what you need to know about the historic case.


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Cohen cites crime-fraud exception regarding recording

Defense attorney Todd Blanche said it is "not ethical" for a lawyer to record his client after Cohen testified that he had recorded Trump.

"You're not supposed to record your client," Blanche said.

"You're not, except the crime-fraud exception rule," Cohen responded.

"Didn't you testify that you recorded your client because you wanted to convince Mr. Pecker he would pay him?" Blanched asked, referring to Cohen's recording of Trump at a 2016 meeting.

"Yes," Cohen replied.

"And you did that under the crime-fraud exception rule?" Blanche asked.

"I was just giving the example," Cohen said.

Several members of the jury were taking notes during this exchange.


Cohen says he recorded a 'handful' of journalists

On cross-examination, Michael Cohen told jurors that, as part of his work for Donald Trump during his 2016 campiang, he surreptitiously recorded "a handful" of conversations with journalists.

"Did you tell people you were recording them?" Blanche asked.

"No sir," Cohen responded. "It is not illegal in New York."

"Who else did you record surreptitiously?" defense attorney Todd Blanche asked.

"I recorded, off the top of my head ... I can't tell you," Cohen said.

"Jeff Zucker on one event," Cohen said, referring to the then-CNN president. "Mr. Trump at another event," he said.

Trump, at the defense table, angled toward Cohen in his chair, intently watching this testimony.


Defense presses Cohen on representing Trump to the media

Defense attorney Todd Blanche pressed Cohen on how he represented Trump to the media during Trump's 2016 campaign.

"You never reached back out to a reporter, ever, without first checking with President Trump?" Blanche asked.

"It was my routine to always advise Mr. Trump," Cohen said. If he didn't, he said "it would mean the end of my job."

An incredulous Blanche asked, "You did that never on your own?"

"Only in consultation with President Trump?" Cohen responded. "If I did that and he didn't like the response, it would probably cost me my job"

Cohen, however, acknowledged that Trump's campaign grew frustrated with his comments to the media.

"I knew that they were upset about it; however, Mr. Trump had turned around and advised them that I don't answer to them," Cohen said.

Cohen added that his comments to the media were aligned with Trump's thoughts on an issue.

"I would always get comments or something in line with a conversation we had on that specific topic," Cohen said. "Again, if I did that and he didn't like the response, it would probably cost me my job."


Defense asks Cohen about positive publicity he received

Defense attorney Todd Blanche then transitioned the topic of the cross-examination to Cohen's involvement in encouraging Trump to run for president.

Cohen earlier told jurors he created the website to encourage Trump, and that the National Enquirer ran a positive story about Cohen's involvement in the campaign.

"You worked very hard during your time working for Trump to get positive stories into the press about President Trump and all the things you were doing?" Blanche asked Cohen.

"Yes sir," Cohen said.

"You worked very hard to make sure there were positive stories about you at times?" Blanche asked.

"Yes sir," Cohen said.

The testimony slightly cuts against one prong of the alleged conspiracy with the National Enquirer -- running positive stories about Trump -- to show that Cohen got some positive press too.


Jury hears secret recording of Trump discussing payment

Michael Cohen testified that he made a recording to prove to National Enquirer publisher David Pecker that Trump would repay him the $150,000 for Karen McDougal's catch-and-kill arrangement.

"I also wanted him to remain loyal to Mr. Trump," Cohen added.

Cohen said he walked into Trump's office with his phone in his hand, making the recording.

Cohen told the jury that you can hear Trump, himself, and Trump assistant Rhona Graff on the recording.

Asked whether he thought Trump knew he was recording the conversation, Cohen said: "No, ma'am."

Jurors then heard the recording.

Cohen: Told you about Charleston. I need to open up a company for the transfer of all of that info regarding our friend, David, you know, so that -- I'm going to do that right away. I've actually come up and I've spoken --

Trump: Give it to me and get me a --

Cohen: And, I've spoken to Allen Weisselberg about how to set the whole thing up with --

Trump: So, what do we got to pay for this? One-fifty?

Cohen: -- funding. Yes. And it's all the stuff.

Trump: Yes, I was thinking about that.

Cohen: All the stuff. Because -- here, you never know where that company, you never know what he's --

Trump: Maybe he gets hit by a truck

Cohen: Correct. So, I'm all over that. And, I spoke to Allen about it, when it comes time for the financing, which will be --

Trump: Listen, what financing?

Cohen: We'll have to pay him something.

Trump: (INAUDIBLE) pay with cash.

Cohen: No, no, no, no, no, I got it.

Trump: Check.

Every member of the jury appeared to look down at their monitor to read along with the transcript of the call as it was played. Cohen, as the call played, shook his head "no" over and over again on the witness stand, apparently in disbelief at rehearing it.

At one point he looked over in Trump's direction and sighed as the recording continued, then looked over to the jury to watch them take it in.

DA Alvin Bragg appeared to close his eyes and dropped his head as the call played.